TRAVEL FUTURES LTD TRADING AS THE SOUTHERN KITCHEN – TERMS AND CONDITIONS

Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before accepted a quote from Travel Futures Ltd trading as The Southern Kitchen (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the services by The Southern Kitchen. 

 

 

1.0 - Definitions

In these Conditions, the following definitions apply:

 

Conditions: these terms and conditions as amended from time to time.

Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.

Customer: the person, firm or company who purchases Services from the Supplier.

Order: the Customer’s order for Services as set out in the Customer’s confirmation of appointment of the Supplier.

Services: the services supplied by the Supplier to the Customer as set out in the Specification.

Specification: the description or specification of the Services provided in writing by the Supplier to the Customer.

Supplier: Travel Futures Ltd T/A The Southern Kitchen, a company registered in England and Wales with company number 08649477

 

2.0 - Quotations

2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions and shall only be deemed to be accepted when the customer has paid a deposit and The Southern Kitchen has accepted the Order, at which point and on which date the Contract shall come into existence (Commencement Date).

2.2 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.

2.3 Written quotations shall not constitute offers but are valid for two months from the date of quotation and may be subject to change following a site visit.

 

3.0 - Supply of Services

3.1 The Supplier shall supply the Services to the Customer in accordance with the Specification in all material respects, subject to any changes which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Services, or which are in accordance with clause 6.

 

4.0 - Customer’s Obligations

4.1 The Customer shall (a) co-operate with the Supplier in all matters relating to the Services, (b) provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services and ensure that such information is accurate in all material respects (including a proof of any menus to be printed for Supplier approval), (c) keep and maintain all materials, equipment, documents and other property of the Supplier

(Supplier Materials) at the Customer’s premises in safe custody at its own risk, (d) maintain the Supplier Materials in good condition until returned to the Supplier, and (e) not dispose of or use the Supplier Materials other than in accordance with the Supplier’s written instructions or authorisation.

4.2 If supplier materials are not returned by a customer in satisfactory condition they will be liable for a replacement, as with points 7.0.

4.3 If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default), the Supplier shall, without incurring liability for any costs or losses sustained or incurred by the Customer, have the right to suspend performance of the Services until the Customer remedies the Customer Default and the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

 

5.0 - Payment

5.1 On confirmation of appointment a non-refundable deposit of 10% of the quoted price is payable to secure the booking. The balance of the quoted price shall be payable no later than 28 days before the event.

5.2 Unless otherwise agreed in advance in writing, all invoices are due for immediate payment of the date of issue and time for payment shall be of the essence of the Contract.

5.3 In the event of cancellation, payment will be due in accordance with the cancellation charges set out below in point 11.2

 

6.0 - Variation

6.1 Menu prices quoted by the Supplier are prepared on the basis of specific numbers.

6.2 Final numbers can be adjusted downwards by 10% and be at the initially quoted price per head

6.3 Numbers can be revised upwards until 2 weeks prior to the event

6.4 The contents of venues, decorations or any other items to be supplied by the Supplier are subject to market availability. Any alteration will be notified to the Customer. Without

prejudice to the aforementioned and except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Supplier.  

6.5 The Supplier reserves the right to alter the price according to any RPI increase from when the booking was made until the time of the event.

6.6 Whilst we endeavour to fulfil customer menu choices, we reserve the right to make reasonable changes and substitutes due to market unavailability.

6.7 Food choices must be finalised 2 weeks prior to the event.

 

7.0 - Loss and damage

The Customer is wholly responsible for all equipment hired from the time of delivery until collection. Any breakages, loss or damage however caused will be charged to the Customer at full replacement cost. If the Supplier is required to use equipment provided

by the Customer we accept no liability for any breakages that may occur. All equipment including marquee(s) hired on the Customer’s behalf will be subject to the terms and conditions of the owner.

 

8.0 - Complaints

Any complaint shall be made promptly and in any event must be received by the Supplier’s in writing not more than 7 days from the date of the event concerned.

 

9.0 - Force Majeure

9.1 The Supplier cannot accept any liability where performance or prompt performance of the Supplier’s contractual obligations is prevented or affected due to strike, lockout, hostilities or any other circumstances outside the Supplier’s control amounting to force majeure (Force Majeure Event).

9.2 The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

9.3 If the Force Majeure Event prevents the Supplier from providing any of the Services, or from reasonably carrying out any necessary preparation, for more than 4 weeks, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.

 

10.0 - Limitation of liability

10.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors, or fraud or fraudulent misrepresentation.

10.2 Subject to clause 10.1, the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract and the Supplier’s total liability to the Customer in

respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total amount payable by the Customer under the Contract.

10.3 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

10.4 Food Allergens – All of our food is prepared in a kitchen where nuts, gluten and other allergens are present, and whilst all reasonable efforts are made to prevent cross contamination the supplier can't guarantee the absence of allergens due to the way food is prepare.  Please note that our menu descriptions do not include all ingredients. Full allergen information is available on request.

 

11.0 – Date Changes & Cancellation

11.1 Date changes can be requested from the initial reservation, whilst we will make our best endeavours to meet the change, we are under no obligation to agree.  If no agreement is made, the customer will forfeit the appropriate cancellation fee.

 

11.2 Any cancellation of an event by the Customer must be notified to the Supplier in writing. At such date any cost incurred for travel, printing and site meetings would be invoiced. Furthermore in the event of such cancellation, the following percentages of the quoted price will be payable by the Customer to the Company:

Food:

• Prior to 8 weeks of the date booked for the even – 25% deposit

• Cancellation within 8 calendar weeks of the date booked for the event – 50% of the quoted price.

• Cancellation within 4 calendar weeks – 100% of the quoted price.

 

11.3 If cancellation is initiated by us, any monies taken will be refunded

 

11.4 Venues/Location/Sub contractors: If the Supplier is required to book a venue or subcontractor on behalf of the Customer then the booking is subject to the venue or sub contractor’s specific terms and conditions along with their cancellation policies. This may result in up to 100% of the quoted price being charged to the Customer.

 

12.0  Indemnity

The Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses suffered or incurred by the Supplier arising out of or in connection with any claim made against the Supplier by a third party arising out of or in connection with the provision of the Services, to the extent that such claim arises out of the breach, negligent performance, failure, cancellation or delay in performance of this agreement by the Customer. This indemnity shall apply whether or not the Supplier has been negligent or at fault.

 

13.0 - Numbers of Guests

The Supplier requires confirmation of the final number of guests 14 days before an event. Unless agreed, such final number will be the initial number of guests quoted.

(subject to availability of food, staff and equipment). However, the Supplier reserves the right to charge a supplement to allow for additional labour and transport costs, if it falls outside of the 10% variation in clause 6.2. and 6.3

 

14.0 – Food Quantities

14.1 You are responsible for ensuring that you order enough food for the guests attending your event. We quote on a per head basis and ensure that the there is enough food to feed any reasonable appetite

14.2 Guests are welcome to come for ‘seconds’ as there is usually plenty of food

14.3 Food left over will be decanted into suitable takeaway containers and left for the customer.  We recommend that it is stored in a fridge or other appropriate temperature-controlled environment.  Food outside of our initial service is consumed at client’s own risk.

14.4 You can make changes to the items on your order up to 14 days before your event date by emailing us your changes.

 

15.0 – Arrival

15.1 We will arrive approximately one hour before the agreed service time, which in most cases is sufficient time for set up.  If we feel that more time is needed we will make the necessary adjustment.

15.2 If the customer wishes us to arrive in excess of this time, we reserve the right to charge a supplement to cover additional costs incurred

15.3 We use google maps for approximate travel times when planning, and regularly check the predicted journey time and give ourselves a time buffer, however if there are unexpected delays due to heavier than usual traffic, accidents etc we cannot be held responsible. We will endeavour to let you know at our first available opportunity when it becomes apparent that we are going to be unavoidably delayed.

 

16.0 - Termination

14.1 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if:

(a) the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing to do so;

(b) the Customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of

the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;

(c) the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;

(d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that Customer (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that Customer with one or more other companies or the solvent reconstruction of that Customer;

(e) the Customer (being an individual) is the subject of a bankruptcy petition or order;

(f) a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;

(g) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer (being a

company);

(h) the holder of a qualifying floating charge over the assets of that Customer (being a company) has become entitled to appoint or has appointed an administrative receiver;

(i) a person becomes entitled to appoint a receiver over the assets of the Customer or a receiver is appointed over the assets of the Customer;

(j) any event occurs or proceeding is taken with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 16.1(b) to clause 16.1(i) (inclusive);

(k) the Customer’s financial position deteriorates to such an extent that in the Supplier’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or

(l) the Customer (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.

14.2 Without limiting its other rights or remedies, the Supplier may suspend provision of the Services under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 4.2, or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.

14.3 On termination of the Contract for any reason, the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt.

The Customer shall also return all of the Supplier Materials and any deliverables which have not been fully paid for. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract. The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach

of the Contract which existed at or before the date of termination or expiry.

 

17.0 - General

15.1 The Supplier may at any time assign or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

15.2 The Customer shall not, without the prior written consent of the Supplier, assign or deal in any other manner with any or all of its rights or obligations under the Contract.

15.3 Venues/Location/Sub contractors: If the Supplier is required to book a venue or subcontractor on behalf of the Customer then the booking is subject to the venue or sub contractor’s specific terms and conditions along with their cancellation policies. This may result in up to 100% of the venue/subcontractors quoted price being charged to the Customer.

15.4 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

15.5 A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy

shall prevent or restrict the further exercise of that or any other right or remedy.

15.6 Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

15.7 The performance, validity, construction and all aspects of the agreement between the Supplier and the Customer shall be governed by English law and the courts of England shall have exclusive jurisdiction in relation thereto.

 

By paying a deposit you hereby agree to the above terms.